Transitional Justice Corporate Accountability And Socio Economic Rights

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Transitional Justice, Corporate Accountability and Socio-Economic Rights

Author : Laura García Martín
Publisher : Routledge
ISBN 13 : 1000497259
Total Pages : 217 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Transitional Justice, Corporate Accountability and Socio-Economic Rights by : Laura García Martín

Download or read book Transitional Justice, Corporate Accountability and Socio-Economic Rights written by Laura García Martín and published by Routledge. This book was released on 2019-07-25 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

Transitional Justice and Corporate Accountability from Below

Author : Leigh A. Payne
Publisher : Cambridge University Press
ISBN 13 : 1108474136
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Transitional Justice and Corporate Accountability from Below by : Leigh A. Payne

Download or read book Transitional Justice and Corporate Accountability from Below written by Leigh A. Payne and published by Cambridge University Press. This book was released on 2020-04-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Business, Human Rights and Transitional Justice

Author : Irene Pietropaoli
Publisher : Routledge
ISBN 13 : 1000066061
Total Pages : 248 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Business, Human Rights and Transitional Justice by : Irene Pietropaoli

Download or read book Business, Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Transitional Justice in Rwanda

Author : Gerald Gahima
Publisher : Routledge
ISBN 13 : 0415522781
Total Pages : 434 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Transitional Justice in Rwanda by : Gerald Gahima

Download or read book Transitional Justice in Rwanda written by Gerald Gahima and published by Routledge. This book was released on 2013 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.

Transitional Justice and Development

Author : Pablo De Greiff
Publisher :
ISBN 13 : 9780979077296
Total Pages : 0 pages
Book Rating : 4.0/5 (772 download)

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Book Synopsis Transitional Justice and Development by : Pablo De Greiff

Download or read book Transitional Justice and Development written by Pablo De Greiff and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.

Transitional Justice and a State’s Response to Mass Atrocity

Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina

Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

From Transitional to Transformative Justice

Author : Paul Gready
Publisher : Cambridge University Press
ISBN 13 : 1108668577
Total Pages : 345 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis From Transitional to Transformative Justice by : Paul Gready

Download or read book From Transitional to Transformative Justice written by Paul Gready and published by Cambridge University Press. This book was released on 2019-02-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Current Issues in Transitional Justice

Author : Natalia Szablewska
Publisher : Springer
ISBN 13 : 3319093908
Total Pages : 380 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Current Issues in Transitional Justice by : Natalia Szablewska

Download or read book Current Issues in Transitional Justice written by Natalia Szablewska and published by Springer. This book was released on 2014-10-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an inter-disciplinary scholarly resource bringing together contributions from writers, experienced academics and practitioners working in fields such as human rights, humanitarian law, public policy, psychology, cultural and peace studies, and earth jurisprudence. This collection of essays presents the most up to date knowledge and status of the field of transitional justice, and also highlights the emerging debates in this area, which are often overseen and underdeveloped in the literature. The volume provides a wide coverage of the arguments relating to controversial issues emanating from different regions of the world. The book is divided into four parts which groups different aspects of the problems and issues facing transitional justice as a field, and its processes and mechanisms more specifically. Part I concentrates on the traditional means and methods of dealing with past gross abuses of power and political violence. In this section, the authors also expand and often challenge the ways that these processes and mechanisms are conceptualised and introduced. Part II provides a forum for the contributors to share their first hand experiences of how traditional and customary mechanisms of achieving justice can be effectively utilised. Part III includes a collection of essays which challenges existing transitional justice models and provides new lenses to examine the formal and traditional processes and mechanisms. It aims to expose insufficiencies and some of the inherent practical and jurisprudential problems facing the field. Finally, Part IV, looks to the future by examining what remedies can be available today for abuses of rights of the future generations and those who have no standing to claim their rights, such as the environment.

Child Soldiers as Agents of War and Peace

Author : Leonie Steinl
Publisher : Springer
ISBN 13 : 9462652015
Total Pages : 429 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Child Soldiers as Agents of War and Peace by : Leonie Steinl

Download or read book Child Soldiers as Agents of War and Peace written by Leonie Steinl and published by Springer. This book was released on 2017-08-19 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

Gender in Transitional Justice

Author : S. Buckley-Zistel
Publisher : Springer
ISBN 13 : 0230348610
Total Pages : 299 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Gender in Transitional Justice by : S. Buckley-Zistel

Download or read book Gender in Transitional Justice written by S. Buckley-Zistel and published by Springer. This book was released on 2011-11-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

Corporate Accountability in the Context of Transitional Justice

Author : Sabine Michalowski
Publisher : Routledge
ISBN 13 : 1317577493
Total Pages : 280 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Corporate Accountability in the Context of Transitional Justice by : Sabine Michalowski

Download or read book Corporate Accountability in the Context of Transitional Justice written by Sabine Michalowski and published by Routledge. This book was released on 2014-06-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.

Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions

Author : Cante, Fredy
Publisher : IGI Global
ISBN 13 : 1466696761
Total Pages : 586 pages
Book Rating : 4.4/5 (666 download)

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Book Synopsis Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions by : Cante, Fredy

Download or read book Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions written by Cante, Fredy and published by IGI Global. This book was released on 2015-12-17 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalization, awareness surrounding issues of violence and human rights violations has reached an all-time high. In a world where billions of human beings have the potential to create endless destruction, these same individuals are capable of working cooperatively to create adequate solutions to current global problems. The Handbook of Research on Transitional Justice and Peace Building in Turbulent Regions focuses on current issues facing nations and regions where poverty and conflict are endangering the lives of citizens as well as the socio-economic viability of those regions. Highlighting crucial topics and offering potential solutions to problems relating to domestic and international conflict, societal safety and security, as well as political instability, this comprehensive publication is designed to meet the research needs of economists, social theorists, politicians, policy makers, human rights activists, researchers, and graduate-level students across disciplines.

Transitional Justice and Reconciliation

Author : Martina Fischer
Publisher : Routledge
ISBN 13 : 1317529561
Total Pages : 287 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Transitional Justice and Reconciliation by : Martina Fischer

Download or read book Transitional Justice and Reconciliation written by Martina Fischer and published by Routledge. This book was released on 2015-11-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Politics and the English Language

Author : George Orwell
Publisher : Renard Press Ltd
ISBN 13 : 1913724271
Total Pages : pages
Book Rating : 4.9/5 (137 download)

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Book Synopsis Politics and the English Language by : George Orwell

Download or read book Politics and the English Language written by George Orwell and published by Renard Press Ltd. This book was released on 2021-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: George Orwell set out ‘to make political writing into an art’, and to a wide extent this aim shaped the future of English literature – his descriptions of authoritarian regimes helped to form a new vocabulary that is fundamental to understanding totalitarianism. While 1984 and Animal Farm are amongst the most popular classic novels in the English language, this new series of Orwell’s essays seeks to bring a wider selection of his writing on politics and literature to a new readership. In Politics and the English Language, the second in the Orwell’s Essays series, Orwell takes aim at the language used in politics, which, he says, ‘is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind’. In an age where the language used in politics is constantly under the microscope, Orwell’s Politics and the English Language is just as relevant today, and gives the reader a vital understanding of the tactics at play. 'A writer who can – and must – be rediscovered with every age.' — Irish Times

Corporate Accountability under Socio-Economic Rights

Author : Jernej Letnar Černič
Publisher : Routledge
ISBN 13 : 1351973797
Total Pages : 296 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Corporate Accountability under Socio-Economic Rights by : Jernej Letnar Černič

Download or read book Corporate Accountability under Socio-Economic Rights written by Jernej Letnar Černič and published by Routledge. This book was released on 2018-08-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

Justice as Prevention

Author : Pablo De Greiff
Publisher : SSRC
ISBN 13 : 0979077214
Total Pages : 568 pages
Book Rating : 4.9/5 (79 download)

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Book Synopsis Justice as Prevention by : Pablo De Greiff

Download or read book Justice as Prevention written by Pablo De Greiff and published by SSRC. This book was released on 2007 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

The Global Climate Regime and Transitional Justice

Author : Sonja Klinsky
Publisher : Routledge
ISBN 13 : 1351854917
Total Pages : 136 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Global Climate Regime and Transitional Justice by : Sonja Klinsky

Download or read book The Global Climate Regime and Transitional Justice written by Sonja Klinsky and published by Routledge. This book was released on 2018-04-27 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.